Can we claim JSA ?

[Clubman]

I (the spouse wife) have just arrived back in UK with my non-EEU husband.

I lived in UK up until July 2011, and after that I lived with my husband in his non_EEA country.

We both flew to Paris, where I exercised my economic treaty right for 4 months.
We were both living in France for nearly 5 months.

He applied for an EEU-FP, and it was granted the first time of asking.

Now we are back in UK, but without a house, and neither of us have jobs yet.

My question,,,,,,,,,,
Can we both go to the Job center Plus, and both of us claim Job Seekers Allowance, or am I (The UK national) the only one who can claim?

Can we claim jointly, due to the fact he has UK Clearance, due to the issuance of his EEU-FP.

Club.

[Amber]

If you have the right to reside you can claim public funds as can your spouse.

Remember:

...where a UK national meets the criteria set out above, it is not a requirement that they continue to be economically active on their return to the UK in order for their family members to enjoy a right of admission and residence on the basis of regulation 9.

[Clubman]

Thank you, most excellent reply.

So it can't affect his later application for residents card via EEA2 application.....


Club.

[Clubman]

Hi all,

My non-EEA wife accompanied me into (UK citizen) the UK with her Paris issued EEA-FP.
Issued by Treaty rights & Surinder Singh.

Until we get jobs, we registered at the Jobcenter+ looking for work.

Today I got a text message from Jobcentre+

Saying:
We were unable to process your claim, to JSA until we have received your partners home office documents, confirming what leave to remain she has in the UK.

It also says: A letter has been sent to you, requesting the information. Failure to reply promptly may result in delays.

I believe when a spouse enters UK on EEA-FP, then as treaty rights have been exercised in another country, but not one's own home country, then the EEA-FP issued in the host country, confirms that spouse has "leave to remain"

Opinions or answers please.

Club.

[heyheyheyguys]

Are you serious??? So a non-EU national can claim benefits right when he has landed in the country? This is ridiculous!!

[secret.simon]

I believe that since 2014, an EEA national or family member of EEA national has to wait for three months before registering for income based JSA. While your spouse is (obviously) married to a British citizen, as she came into the country under the EEA Regulations, she would be treated as the family member of an EU citizen and wait for three months before claiming income based JSA. She will likely not be eligible for most other benefits, even after that, due to the route that she came into this country.

https://www.citizensadvice.org.uk/benef ... jobseeker/

Even British citizens abroad for more than three months need to undergo a Habitual Residence Test before claiming benefits. The test and the DWP going over it could take three months too.

https://www.citizensadvice.org.uk/benef ... -benefits/

It would be best to work on the assumption that neither your wife nor you would be eligible for benefits for three months.

[Petaltop]

Are you serious??? So a non-EU national can claim benefits right when he has landed in the country? This is ridiculous!!

Under Labour government they could and for all their family members too. Stopped under Conservative/LibDem government and now they wait and have other benefit restrictions.

Conservative manifesto for election says they will control EU immigration by welfare and make them wait for all benefits, just as other immigrants on UK visas have too. Conservatives get voted in with majority this month: no LibDems to hold them back.

[DanChak]

Are you serious??? So a non-EU national can claim benefits right when he has landed in the country? This is ridiculous!!

Under Labour government they could and for all their family members too. Stopped under Conservative/LibDem government and now they wait and have other benefit restrictions.

Conservative manifesto for election says they will control EU immigration by welfare and make them wait for all benefits, just as other immigrants on UK visas have too. Conservatives get voted in with majority this month: no LibDems to hold them back.

That would be breaking the fundamental right of free movement in the EU.
It will not happen even with the conservative government in power unless UK decides to leaves the EU.

[Casa]

The 3 month wait for benefits for EU citizens is part of the recent Immigration Bill.

[DanChak]

That is correct. The three month wait also applies to British Nationals who were abroad.

[Petaltop]

That would be breaking the fundamental right of free movement in the EU.
It will not happen even with the conservative government in power unless UK decides to leaves the EU.

Already done as Conservatives changed what a qualified person is in UK for treaty rights. Very clever.

The three month wait also applies to British Nationals who were abroad.

After that 3 months wait, EEAs have time limit for claiming JSA of 3 months. Brits have 2 years.

During that 3 months only that EEAs are allowed for claiming income based JSA, EEAs can't have Housing Benefit or any other benefits, including no benefits for their children. Brits can.

Universal Credit which replaces all in the income based benefits: reading like EEAs can't claim it for looking for work.

Self employed EEAs must register with HMRC and earn enough to pay National Insurance each week if they want any benefits, including benefits for their children. Brits don't have this restriction

After that 3 months wait from entering the UK, non working single parent Brit can claim full benefits. EEAs can't have anything.

Brit can always use the NHS for free even if the lose their job. Only those EEAs in work and paying national insurance each week, can have free use of NHS for their family.

EEAs losing their UK job have time limit of 6 months only for all benefits. Brits have 2 years for JSA income based and no time limit for other benefits.

With wording of Universal Credit benefit saying full week is 35 hours, the UK could alter the qualified person in UK, again.